Suit filed over water leak at Galveston condo

John Suayan, Galveston Bureau May 7, 2012, 6:00pm


GALVESTON - Raymond C. Kerr PC has filed suit against Harris County residents Peter and Lucy Goldsmith and Pasadena local Gerald Harve Heitzman on behalf of the Cres Trust in response to a water leak at a condominium unit in Galveston late last year.

According to a lawsuit filed April 27 in Galveston County District Court, Heitzman, doing business as Jerry Heitzman Construction, performed plumbing work as part of a remodeling effort at the Goldsmiths' unit at the San Luis Condominiums.

The suit alleges the work was improper and unauthorized and caused water to leak in the defendants' unit and inundate those below, including Cres's.

"The plumbing work done in the Goldsmith Unit was not properly permitted, was not done by a licensed plumber and did not comply with building codes," the original petition says.

It adds that "plastic piping was used instead of copper pipe and improper fittings were used."

"After the leak occurred, the Goldsmiths and Heitzman failed to take immediate action to address the leak and prevent further damage to the Cres unit," the suit says.

Court papers show "the Goldsmiths acknowledged responsibility for the loss and assured the plaintiff that they would take care of the cost of repairing the Cres unit," however, the plaintiff asserts the respondents "have failed to take any action to repair the damage despite repeated demand."

A letter dated Feb. 16, 2012, sought for the defendants to make immediate restitution, but "to date, no response has been received to that demand."

Consequently, the plaintiff seeks at least $50,000 in damages.

Attorney Julia A. Cook of Houston is representing the complainant, and Galveston County 212th District Court Judge Susan Criss is presiding over the case.

Case No. 12-cv-1128

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